Recent Developments in Pass-on & In-house Perspectives on Competition Litigation More Broadly
Recent Developments in Pass-on & In-house Perspectives on Competition Litigation More Broadly
Oliver Latham is a vice president in Charles River Associates’ European Competition Practice. He specialises in the application of econometric techniques to competition assessments as well as in cases involving multi-sided platforms and innovative industries.
His merger work has involved technology and payments (e.g. Amazon/Deliveroo, Microsoft/LinkedIn, Microsoft/GitHub, Microsoft/ZeniMax, PayPal/iZettle, PayPal/Honey, Taboola/Outbrain, Visa/Plaid, Visa/Tink, Uber/Yandex, Uber/Grab, Uber/Careem, Uber/Postmates and Uber/Cornershop), broadcasting (Fox/Sky, Disney/Fox, Vodafone/Liberty Global), as well as a range of other industries (e.g. Aercap/GECAS, AEG/SMG, Ball/Rexam, INEOS/Solvay, Kongsberg/RRCM and NCR/Cardtronics). His antitrust work includes work for complainants in the Google Android, Google Shopping and Google Ad Tech cases, work for Unilever in its response to concerns in relation to impulse ice cream, work for Amazon in ongoing antitrust investigations as well as a range of ongoing work in pharmaceuticals, technology, travel, sports, finance, and tech. He also works on damages litigation, including work for Visa in the ongoing interchange fee litigation, work on class action claims in the technology space, and for Alstom in relation to the Gas Insulated Switchgear cartel.
Prior to joining CRA, Dr Latham completed a PhD in Economics from the University of Cambridge, where he was also a teaching fellow in the Faculty of Economics and a consultant at the Centre for Policy Studies. His writing has been published in peer reviewed journals including the Economic Journal and European Competition Journal and he has written on economic issues in other publications including Competition Policy International, the Sunday Times and Vox. In 2020 he was named one of the Global Competition Review’s “40 under 40” of antitrust practitioners worldwide.
Ed advises on complex competition litigation and regularly conducts multi-party litigation before the courts. His practice is focused on cartel damages actions, abuse of dominance claims, and other competition and regulatory disputes, regularly involving group claims.
The cases Ed leads are frequently valued £100m+ and are a high priority for company boards and other senior stakeholders, with whom Ed regularly engages.
Collective actions are growing in competition law disputes and Ed has acted both for and against large claimant groups. Ed has also acted both for and against claimants whose claims are funded by litigation funders. Understanding the practical and commercial dynamics of group and funded litigation, as Ed does, is vital to achieving successful outcomes in these cases.
Ed’s substantial competition litigation experience includes:
Cartel infringement claims - claimant side – acting for lead claimants in three of the most significant UK cartel damages cases of the last decade: Trucks, Air Cargo, and Gas Insulated Switchgear. Ed is at the forefront of the Trucks cartel litigation, currently acting for six separate corporate claimants including the first case to go to trial in England.
Cartel infringement claims - defendant side – acting for defendants in multi-national Cathode Ray Tubes follow-on claim and against a claimant group stand-alone claim for alleged FX market collusion.
Abuse of dominance claims – acting for defendant in stand-alone allegation of tying, resolved at mediation; acting for defendant in high value stand-alone claim for damages and loss of chance profits arising from alleged pricing abuses.
Ed is recognised as a ‘Leading Individual’ by Legal 500 and is ranked in Chambers UK (Band 2). Ed is “on top of all the detail and a committed fighter for his clients” (Legal 500 UK 2023), he is noted as “so calm, so good at explaining where we need to be and why we're doing what we're doing. He can take a step back to see the full picture and is a great strategist." (Chambers and Partners UK 2022).
Hanna Danwall is Head of Competition law at Carlsberg Group where she is heading up the department for competition, trade sanctions, personal data protection and stock exchange compliance. Prior to joining Carlsberg she was the Group Competition Compliance Officer at Maersk Group. She started her competition law career at Vinge in Brussels where she advised large multinationals on all aspects of EU competition law. She has LLM’s from Lund University and King’s College London.
Review of RoRo, Trucks and Interchange judgements How do judges analyse economics/ econometrics in cases after Trucks judgement? Case management in umbrella proceedings Pre-litigation settlements with direct and indirect purchasers: how to allocate damages and measure pass-on Considerations from an in-house perspective